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In 2018 and 2019, ModernaTx, Inc. (Moderna) filed a pair of inter partes review petitions challenging the validity of two patents generally directed to RNA technology owned by Arbutus Biopharma Corp. (Arbutus). The Patent Trial and Appeal Board (PTAB) held that certain challenged claims of each patent were not unpatentable. On Dec. 1, 2021, a Federal Circuit panel of Judges Lourie, O'Malley, and Stoll issued two opinions, each authored by Judge Lourie and captioned ModernaTx, Inc. v. Arbutus Biopharma Corp., Nos. 2020-1184, -1186 (Fed. Cir. Dec. 1, 2021) (Moderna I) and No. 2020-2329 (Moderna II), holding that Moderna had standing to appeal only one of the two adverse decisions by the PTAB and otherwise affirming the PTAB's findings on appeal and cross-appeal.
The cases concern two related patents — U.S. Patent Nos. 8,058,069 (the '069 patent) and 9,364,435 (the '435 patent) — that are each entitled "lipid formulations for nucleic acid delivery" and are generally directed to "stable nucleic acid-lipid particles (SNALP) comprising a nucleic acid (such as one or more interfering RNA), methods of making the SNALP, and methods of delivering and/or administering the SNALP." '069 patent, Abstract.
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There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
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With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.